IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR,THE HONOURABLE SMT JUSTICE P.SREE SUDHA
M. HARSHAVARDHAN HYD AND 4 OTHERS – Appellant
Versus
C. VIDYASAGAR HYD – Respondent
CC 1751/2017
THE HON’BLE SRI JUSTICE T. VINOD KUMAR AND THE HON’BLE SMT JUSTICE P. SREE SUDHA IA.No.1 of 2019 & C.C.No.1751 of 2017 in/and W.P. No.24864 of 2008 COMMON ORDER: (per TVK,J)
Since, the interlocutory application, Contempt Case are arising out of the writ petition vide W.P.No.24864 of 2008, they are taken up for hearing together and being disposed of by this common order.
2. Heard Sri O.Manoher Reddy, learned Senior Counsel appearing on behalf of Sri S.V.Ramana, learned counsel for writ petitioner/respondent in the contempt case, Sri Meher Chand Noori, learned counsel appearing on behalf of Sri A.L.Raju, learned counsel for respondent Nos.2 to 6 in the writ petition/petitioners in the Contempt Case, and Sri M.Surender Rao, learned Senior Counsel appearing for proposed respondent Nos.9 to 11, in the writ petition, and perused the record.
W.P.No.24864 of 2008
3. This Writ Petition is filed being aggrieved by the order of the Special Court, dt.15.09.2008 in LGC.No.41 of 2002 under the provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short ‘the Act’).
4. The petitioner herein is the 1st respondent in the LGC before the Special Court. Respondent Nos.2 to 6 herein are the applicants, and respondent Nos.7 & 8 herein are respondent Nos.2 & 3 before the Special Court.
5. The respondent Nos.2 to 6 herein as applicants have filed the underlying LGC under Section 8(1) of the Act to declare them as owners of the application schedule land and to declare the respondents therein as land grabbers and to recover possession from the respondents and to hand over the same to the applicants.
IA.No.1 of 2019
6. This application is filed seeking impleadment in the writ petition as party respondent Nos.9 to 11 claiming that the writ petitioner/1st respondent in LGC had gifted the subject property admeasuring 1,000 sq. yards, cumulatively in favour of the proposed respondents under three separate gift deeds, dt.16.03.2000.
7. The parties are referred to as per their position before the Special Court.
8. The applicants filed the underlying application before the Special Court claiming that the land to an extent of 1,202 sq. yards covered by plot Nos.3, 1, 2 & 4 in survey Nos.49 & 47(part) admeasuring 277.7 sq. yards, 284.5 sq. yards, 250 sq. yards and 390 sq. yards, respectively, situated at Madhapur Village, Serilingampally Mandal, R.R. District, have been purchased by them under registered sale deeds bearing document Nos.12745/1990, dt.19.09.1990, 12732/1990, dt.19.09.1990, 2592/1990, dt.30.07.1990 and 6790/1990, dt.13.08.1991 from respondent Nos.2 & 3 therein represented by their registered General Power of Attorney(GPA) Holder.
9. It is the further case of the applicants that respondent Nos.2 & 3 have appointed one K.Nagendra Prasad, as their GPA Holder by executing a registered GPA in his favour vide document, dt.23.07.1991; and that from the date of their purchase of the application schedule land they are in possession and enjoyment of the same have also raised basement to the land purchased by them individually.
10. The applicants further aver that the respondent Nos.2 & 3 are true owners of land to an extent of Acres 2.03½ guntas situated in survey Nos.45, 46, 47 & 49 of Madhapur Village, Serilingampally Mandal, Ranga Reddy District, having succeeded to the aforesaid extent of land by virtue of judgment and decree, dt.08.09.1988 in OS.No.312 of 1985 on the file of the Principal Subordinate Judge, Ranga Reddy District.
11. The applicants further contended that on receiving a message from the neighbours that 1st respondent along with antisocial elements was trying to encroach upon the application schedule land and has taken measurements of the same, the 5th applicant had lodged a complaint with the police authorities of Madhapur. However, as no action was taken thereon, the 5th applicant had lodged a complaint with the Municipality, Serilingampally, Ranga Reddy District, on behalf of the applicants and thereafter gave another complain
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